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按照证据对犯罪事实的证明程度来划分,可以将刑事诉讼法规定的逮捕第一个条件“有证据证明有犯罪事实”分为“证据所证明的事实已经构成犯罪”和“证据所证明的事实尚未构成犯罪”两种情形,附条件逮捕所解决的是证据所证明的事实尚未构成犯罪的案件具备哪些条件才能予以批准(或决定)逮捕以及在逮捕后应采取哪些保障质量措施的问题。附条件逮捕有利于准确执行法定逮捕条件,防止把握过严或过宽;有利于贯彻宽严相济、区别对待刑事政策;有利于确保逮捕案件质量,实现惩治犯罪与保障人权的平衡;有利于强化对侦查活动的监督,实现监督制约与支持配合的有机统一。同时,附条件逮捕需要进一步完善。
According to the evidence to prove the degree of criminal facts to be divided, the Criminal Procedure Law can be the first condition for the arrest “there is evidence that there is a criminal fact” is divided into “the facts proved evidence has constituted a crime” and “ The facts as evidenced by evidence do not yet constitute a crime ”. Conditional arrests address the facts as evidenced by the facts that have not yet constituted a crime before they can be ratified (or decided) and what protection should be taken after the arrest Quality measures of the problem. Conditional arrest is conducive to the accurate implementation of the statutory conditions of arrest, to prevent over or over grasp; conducive to carrying out the policy of combining strict and strict, discriminatory treatment; help ensure the quality of arrest cases, to achieve a balance between punishing crime and safeguarding human rights; Supervision of investigation activities and realization of organic unity of supervision, restriction and support. At the same time, conditional arrests need to be further refined.